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Schmerber Vs. California
Cites for this judgment
- US Supreme Court
- Jun 20, 1966
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U.S. 757 (1966) U.S. Supreme Court Schmerber v. CaliforniaSearch
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U.S. 757 (1966) Schmerber v. CaliforniaSearch
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In view of constitutional decisions since we last considered these issues in Breithaupt v. AbramSearch
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U. S. 432 -- see Escobedo v. IllinoisSearch
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U. S. 1 , and Mapp v. OhioSearch
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that sense of justice' of which we spoke in Rochin v. CaliforniaSearch
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citing Twining v. NewSearch
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protections of the Fourteenth Amendment do not embrace this Fifth Amendment privilege, has been succeeded by Malloy v. HoganSearch
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the complex of values it helps to protect, we might be obliged to conclude that the privilege was violated. In Miranda v. ArizonaSearch
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Ibid. The leading case in this Court is Holt v. UnitedSearch
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of responses which are also communications, for example, compliance with a subpoena to produce one's papers. Boyd v. UnitedSearch
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did not decide whether the extraction of blood in that case was unlawful, but rejected the claim on the basis of Wolf v. ColoradoSearch
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in violation of the Fourth Amendment's provisions. We have since overruled Wolf in that respect, holding in Mapp v. OhioSearch
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U. S. 643 , that the exclusionary rule adopted for federal prosecutions in Weeks v. UnitedSearch
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Weeks v. UnitedSearch
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People v. ChiaglesSearch
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danger of concealed weapons or of destruction of evidence under the direct control of the accused, United States v. RabinowitzSearch
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to enforcement of the Fourth Amendment's purpose to attempt to confine the search to those objects alone. People v. ChiaglesSearch
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Johnson v. UnitedSearch
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Aguilar v. TexasSearch
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Preston v. UnitedSearch
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a highly effective means of determining the degree to which a person is under the influence of alcohol. See Breithaupt v. AbramSearch
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of the State in this proceeding since certification to the California District Court of Appeal was denied. See Edwards v. CaliforniaSearch
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McNaughton rev. 1961). California adopted the Wigmore formulation in People v. TrujilloSearch
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with specific regard to blood tests, see People v. HaeusslerSearch
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People v. DuroncelaySearch
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McNaughton rev. 1961). See also United States v. ChibbaroSearch
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People v. GravesSearch
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evidence and a comment by the prosecutor in closing argument upon his refusal is ground for reversal under Griffin v. CaliforniaSearch
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rather than the particular holding of Griffin, would be applicable in these circumstances, see Miranda v. ArizonaSearch
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ante at 384 U. S. 468 , n. 37. Since trial here was conducted after our decision in Malloy v. HoganSearch
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Gouled v. UnitedSearch
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Boyd v. UnitedSearch
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People v. ThayerSearch
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State v. BisacciaSearch
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Silverman v. UnitedSearch
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Abel v. UnitedSearch
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California's test of probable cause follows the federal standard. People v. CockrellSearch
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millions of us have voluntarily gone through the same, though a longer, routine in becoming blood donors. Breithaupt v. AbramSearch
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in no way implicates the Fifth Amendment. Cf. my dissenting opinion and that of MR. JUSTICE WHITE in Miranda v. ArizonaSearch
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constitutional issues in this case, I believe it is sufficient for me to reiterate my dissenting opinion in Breithaupt v. AbramSearch
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It concedes, as it must so long as Boyd v. UnitedSearch
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that the protection of the privilege 'is as broad as the mischief against which it seeks to guard.' Counselman v. HitchcockSearch
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of this Court have declared it ought to have. The liberal construction given the Bill of Rights' guarantee in Boyd v. UnitedSearch
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U.S. Supreme Court Schmerber v. CaliforniaSearch
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Escobedo v. IllinoisSearch
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